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1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AS EX-OFFICIO GOVERNING BODY OF CONTRA COSTA
2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
4 Condemnation of Property )
For Flood Control Purposes )
5 Drainage Area 29C, Line H ) RESOLUTION OF NECESSITY
7556-6 D8446 ) NO. 88/643
6 Oakley Area ) (Code of Civ. Proc. § 1245.230)
7
8 The Board of Supervisors of Contra Costa County,
9 California as ex-officio governing body of the Contra Costa
10 County Flood Control and Water Conservation District by vote of
11 two-thirds or more of its members, RESOLVES that:
12 Pursuant to West's Water Code, Appendix § 63-5 and
13 Deering's Water Code, Uncodified Acts, Acts 1656, § 5, Contra
14 Costa County Flood Control and Water Conservation District
15 intends to construct a storm drain system, a public improvement
16 for flood control purposes, and in connection therewith, acquire
17 interests in certain real property.
18 The property to be acquired consists of two parcels and
19 is generally located in the Oakley area. The said property is
20 more particularly described in Appendix "A" , attached hereto and
21 incorporated herein by reference.
22 On September 13, 1988, this Board passed a resolution
23 ofintention to adopt a resolution of necessity for the
24 acquisition by eminent domain of the property described in
25 Appendix "A" (Resolution No. 88/590) and fixing 11:00 a.m. ,
26 Tuesday, October 4, 1988, in its Chambers in the Administration
27 Building, 651 Pine Street, Martinez, California, as the time and
28 place for the hearing thereon.
' RESOLUTION NO. 88/643
1 The hearing was held at that time and place, and all
2 interested parties were given an opportunity to be heard and
3 based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1. The public interest and necessity require the
6 proposed project; and
7 2. The proposed project is planned and located in the
8 manner which will be most compatible with the greatest public
9 good and the least private injury; and
10 3 . The property described herein is necessary for the
11 proposed project; and
12 4 . The offer required by section 7267 . 2 of the
13 Government Code was made to the owner or owners of record.
14 The County Counsel of this County, or any Counsel
15 associated by him, is hereby AUTHORIZED and EMPOWERED:
16 To acquire in the name of the Contra Costa County Flood
17 Control and Water Conservation District, by condemnation, the
18 titles, easements and rights of way as set forth in Appendix "A" ,
19 in and to said real property or interests therein, in accordance
20 with the provisions of eminent domain in the Code of Civil
21 Procedure and the Constitution of California: Parcel 1 is to be
22 acquired as permanent easement, Parcel 2 is to be acquired as a
23 temporary construction easement.
24 To prepare and prosecute in the District's name such
25 proceedings in the proper court as are necessary for such
26 acquisition.
27 To deposit the probable amount of compensation, based
28 on an appraisal; and to apply to said court for an order
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! r �
1 permitting the District to take possession and use said real
2 property for said public uses and purposes.
3 PASSED and ADOPTED on October 4, 1988, by the following
4 vote:
5 AYES: Supervisors Powers , Fanden, McPeak and Torlakson
6 NOES: None
7 ABSENT: Supervisor Schroder
8 ABSTAIN: None
9
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 and regularly introduced, passed and adopted by the vote of two-
12 thirds or more of the Board of Supervisors of the Contra Costa
13 County, California, at a meeting of said Board on the date
14 indicated.
15 Dated: October 4, 1988
16 Phil Batchelor, Clerk of the
Board of Supervisors and
17 County Administrator
18
19 By: A"td r a
Deputy
20
21 cc: Public Works Department
Real Property Division
22 Auditor-Controller
County Counsel (certified copy)
23 County Administrator
24
25
26
27
28
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Drainage Area 29C - Line H
7555-6D8752
Condon (2)
APPENDIX "A"
All that real property situated in the unincorporated area of the County of
Contra Costa, State of California, described as follows:
A portion of the southwest 1/4 of Section 23 of Township 2 north, Range 2
east, Mount Diablo Base and Meridian, further described as follows:
r
PARCEL ONE: Permanent Easement
A strip of land 12 feet wide, the centerline of which is described as
follows:
Commencing at a 3/4" iron pipe with tag L.S. 2112 set at the northwest
corner of said southwest 1/4, as said 3/4" iron pipe is shown on that
certain record of survey filed May 14, 1971, in Book 53 of L.S.M., at Page
40, in the Office of the Contra Costa- County Recorder; thence southerly
along the westerly line of said southwest 1/4 south 00 35' 05" east, 860.19
feet to a paint 6.00 feet northerly, right angle measurement, froan the
westerly prolongation of the northerly boundary line of "Diane Park" as
filed May 26, 1949, in Book 37 of Maps at Page 36, in the Office of said
County Recorder; thence along a line parallel with last said northerly
boundary line south 880 46' 55" east, 30.00 feet to the point of beginning.
Thence from said point of beginning, continuing along said parallel line,
south 880 46' 55" east, 1275.84 feet; thence, leaving said parallel line,
north 230 39' 00" east, 102.61 feet to the southerly line of the A.T. & S.F.
Railroad right of way as it presently exists. The side lines of said strip
to be shortened or lengthened to terminate at the southerly line of the A.T.
& S.F. Railroad right of way.
Containing 16,541 square feet of land more or less.
PARCEL TWO: Teniporary Construction Easement (Tb expire March 31, 1989 or on
ccupletion of construction, whichever canes first)
A strip of land 25 feet wide, the centerline of which is 18.50 feet norther-
ly, right angle measurement, E , the centerline of the herein above
described Parcel One. The side lines of said strip to be shortened or
lengthened to terminate at the southerly line of the A.T. & S.F. Railroad
right of way as it presently exists.
Containing 33,848 square feet of lam more or less.
IKi:rs
ex:condon2
August 29, 1988